boomshanka Posted December 17, 2013 Report Share Posted December 17, 2013 Hi All, I have a flat on the 2nd floor of a leasehold building. Over the last few months the freeholder has decided that the building needs some "modernizing" to bring it up to speed with the rest of the street. One of these modifications has been to replace a number of roof tiles and remove the chimney on the roof, which is directly above my property. During a rather bad storm a number of weeks ago, a fair amount of rain water has leaked through my ceiling, through my floor and into the flat below. I live around 400 miles from this buy to let flat so have no reason of knowing if this is actually true or not. I have just received an invoice for 680 GBP to have the interiors repaired in the said flat below mine. Is this my responsibility? I struggle to see what I have done wrong? The freeholder, who lives below the flat mentioned incidentally, has commissioned these roofers and they have failed to make my flat water tight. Please advice what to do. Cheers, Max Link to comment Share on other sites More sharing options...
Grampa Posted December 17, 2013 Report Share Posted December 17, 2013 Make a claim on the block insurance or forward the bill to the freeholder. Link to comment Share on other sites More sharing options...
Richlist Posted December 17, 2013 Report Share Posted December 17, 2013 Based on what you have posted here it certainly doesn't look as though you are responsible. To be resonsible for costs would require you to have been negligent. Each of the leaseholders who have incurred damage should claim from the block insurance policy. If there is an excess payable by each of the leaseholders then this should also be reimbursed from the service charge account. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 17, 2013 Report Share Posted December 17, 2013 I see possible claim against the contractor, by the freeholder on the leaseholders behalf. That's unlikely so as said the block insurance comes in to play. In any case the upper flat isn't responsible because gravity decides the water must go down into to lower flat, so I was told when in a similar situation. Link to comment Share on other sites More sharing options...
Richlist Posted December 17, 2013 Report Share Posted December 17, 2013 Any claim on the contractor is nothing to do with boomshanka. His/her claim is against the block insurance/ service charge account (normally run by the freeholder). Link to comment Share on other sites More sharing options...
Grampa Posted December 18, 2013 Report Share Posted December 18, 2013 Also if it is clear the contractor is at fault the freeholder should at least attempt to claim any insurance excess charge or cost paid out of the service charge that it wouldn't have normally incurred. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 18, 2013 Report Share Posted December 18, 2013 If the contractor is liable for the excess the he, or his insurance, is liable for the lot. Link to comment Share on other sites More sharing options...
boomshanka Posted December 18, 2013 Author Report Share Posted December 18, 2013 great stuff, thank you all for your reassuring comments... merry xmas everyone.. Link to comment Share on other sites More sharing options...
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